The seventh edition of this publication was prepared to incorporate the vast changes in the law of trusts since the previous edition. It is meant to provide students, practitioners and teachers of the subject with a clear structure for understanding the basic law of trusts, while providing insight into the complexities of trust law. The textual material is designed to give students a framework for understanding and analyzing the cases and materials that will enable them to be self-directed in learning.

This edition has been updated to include the many new developments in the law of trusts since the last edition. Highlights of the seventh edition include:

A revised consideration of charitable trusts, including new material on charitable fundraising and administrative versus cy-près schemes;

Extensive rewriting and revision of the chapters on Creation of Express Trusts and Constructive Trusts to clarify and update materials, including addition of new notes and case law;

Addition of new material regarding the powers and rights of trustees;

Significant developments regarding breach of trust, including insights from Privy Council Case, Campbell v. Hogg and discussion on tracing among non-wrongful contributors;

Comprehensive references to legislation in all the common law provinces and territories wherever statutory materials are reproduced.

About the Author(s)

Albert H. Oosterhoff, B.A., J.D. (Western), LL.M. (Toronto), is Professor Emeritus at the Faculty of Law, Western University, where he has held the positions of Associate Dean (Academic), Associate Dean (Administration), and Acting Dean. From 2005 to 2013, he was also an Adjunct Professor at the Faculty of Law, University of Toronto.

Professor Oosterhoff has written numerous texts and articles, cited regularly by all levels of the Canadian courts and widely used in Canadian law schools, including: Oosterhoff on Wills and Succession: Text, Commentary and Materials, 7th Edition (Carswell); and as a co-author, Oosterhoff on Wills:8th Edition (Carswell); Oosterhoff on Trusts: Text, Commentary and Materials, 8th Edition (Carswell); and Anger and Honsberger Law of Real Property, Second Edition (Canada Law Book). He has also been the Editor-in-Chief of the Estates and Trusts Journal, and an Associate Editor of the Dominion Law Reports, of Canadian Criminal Cases, and of Ontario Reports. In addition, he has authored reports and studies for the Ontario Law Reform Commission and the Uniform Law Conference of Canada, and regularly presents papers in Continuing Legal Education programs.

As counsel to Whaley Estate Litigation, Professor Oosterhoff advises lawyers and law firms on issues in estates, wills, trusts and aspects of property law.

Robert Chambers is currently a Professor of Property Law at University College London. He holds a B.Ed and an LL.B. from the University of Alberta, and a D.Phil from Oxford University. He previously was a Senior Lecturer at the University of Melbourne, a Professor at the University of Alberta, and a Professor of Law at King’s College London, with visiting lectureships at Niigata University in Japan and the University of Auckland. His research focuses on property, restitution, trusts, and unjust enrichment. He is the author of Resulting Trusts (O.U.P., 1997), and An Introduction to Property Law in Australia (Lawbook Co., Sydney, 2008). He is co-editor (with Lionel Smith, Mitchell McInnes, Jason Neyers and Stephen Pitel) of The Law of Restitution in Canada: Cases, Notes, and Materials (Emond Montgomery Toronto, 2004). He is a member of the editorial boards for the Journal of Equity and Trusts Law International, and a regional editor for the Restitution Law Review. He is also the author of numerous book chapters and articles.

Mitchell McInnes is a Professor of Law at the University of Alberta. He previously taught at the University of Western Ontario, the University of Melbourne, and Deakin University; clerked at the Supreme Court of Canada; and served as a Legal Research Officer with the Alberta Court of Appeal.

Professor McInnes' research focuses on wills, trusts, unjust enrichment, tort, and remedies. He is the author of The Canadian Law of Unjust Enrichment and Restitution; and a co-author of Cases and Materials on the Law of Torts (Carswell); of Cases and Materials on the Law of Restitution; of Managing the Law: The Legal Aspects of Doing Business; of Oosterhoff on Trusts (Carswell); of Oosterhoff on Wills (Carswell); of Restitution: Developments in Unjust Enrichment (Lawbook Co.); and of Understanding Unjust Enrichment.

He has published over one hundred papers in leading journals and his work has been relied upon by all level of courts, including the Supreme Court of Canada, the United Kingdom Supreme Court, the High Court of Australia, and the New Zealand Supreme Court. He has received numerous teaching awards and he has been recognized by Macleans magazine as one of Canada's leading university teachers.

Lionel Smith, B. Sc., LL.B., LL.M., D. Phil., LL.B. (civil law) is James McGill Professor of Law and Director of the Paul-André Crépeau Centre for Private and Comparative Law at McGill University. In addition to the law of trusts, his research interests include unjust enrichment, comparative law, and company and commercial law. He is a member of the International Academy of Comparative Law, the American Law Institute, the European Law Institute, the International Academy of Estate and Trust Law and the Bar of Alberta.